COMMITTEE ON CONSUMER PROTECTION & COMMERCE AND COMMITTEE ON JUDICIARY

 

Thursday, March 13, 2008

2:00 p.m.

Conference Room 325; State Capitol

 

AGENDA:

 

SB 2401, SD1

(SSCR2106)

 

RELATING TO CONDOMINIUMS:  MAKING VARIOUS TECHNICAL AMENDMENTS TO THE HAWAII REVISED STATUTES FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, AND CLARIFYING LANGUAGE.

Amends various provisions of the Hawaii Revised Statutes relating to condominiums for the purpose of correcting errors and references, and clarifying language. (SB2401 SD1)

 

CPC/JUD

SB 2402, SD1

(SSCR2107)

 

MAKING VARIOUS HOUSEKEEPING AMENDMENTS TO VOLUME 11 OF THE HAWAII REVISED STATUTES FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, AND CLARIFYING LANGUAGE.

Amends various provisions of volume 11 of the Hawaii Revised Statutes for the purpose of correcting errors and references, and clarifying language.

 

CPC/JUD

SB 3171, SD2

(SSCR2787)

 

RELATING TO CHARITABLE TRUSTS AND NONPROFIT ORGANIZATIONS.

Requires charitable trusts and nonprofits to register and file annual financial reports with the attorney general.  Authorizes the attorney general to conduct investigations on possible violations.  Prohibits contracting with unregistered solicitors.  Requires a report submittal fee based on total revenue of organization.  Appropriates funds to staff additional positions.  (SB3171 SD2)

 

CPC/JUD, FIN

SB 2803, SD1

(SSCR2679)

 

RELATING TO PERSONAL INFORMATION.

Implements recommendations of the 12/2007 report of the Hawaii identity theft task force to protect the security of personal information collected and maintained by state and county government.  (SD1)

 

CPC/JUD, FIN

SB 3006, SD1

(SSCR2552)

 

RELATING TO BUSINESS REGISTRATION.

Makes laws governing corporate dissolution and director's rights consistent.  Amends the law to more accurately reflect the administrative procedures of administratively cancelling a limited partnership.  Makes provisions regarding the expiration of corporations consistent with other entities.  Streamlines and conforms limited liability company law filing requests.  (SD1)

 

CPC/JUD, FIN

SB 3026, SD2

(SSCR2794)

 

RELATING TO THE PREVENTION OF MORTGAGE RESCUE FRAUD.

Requires mortgage foreclosure rescuers to provide specific information and disclosures to distressed property owners as well as impose specific prohibitions on mortgage foreclosure rescuers.  Requires rescission period of fifteen days.  (SD2)

 

CPC/JUD, FIN

SB 3008, SD2

(SSCR2608)

 

RELATING TO THE CODE OF FINANCIAL INSTITUTIONS.

Updates Hawaii's Code of Financial Institutions by requiring licenses to be conspicuously displayed, addresses temporary closures during emergencies, clarifies the authority of a person to serve as a trustee or trust company, clarifies how prepayment penalties are calculated, clarifies when the Commissioner of Financial Institutions may examine a financial institution holding company, and places a Hawaii licensed foreign bank on equal footing with a Hawaii state-chartered financial institution when relocating its place of business. Eff. 7/1/2050. (SD2)

 

CPC/JUD, FIN

SB 3009, SD2

(SSCR2825)

 

RELATING TO MONEY TRANSMITTERS.

Amends the Money Transmitters Act, chapter 489D, Hawaii Revised Statutes, to amend the fee structure, enhance consumer protection, make necessary clarifications, and correct errors and omissions, to effectively regulate the industry.  Eff. 7/1/2050. (SD2)

 

CPC/JUD, FIN

SB 2313, SD1

(SSCR2791)

 

RELATING TO INSURANCE.

Discontinues the insurance division's insurance existing fraud investigations unit and establishes a new insurance fraud investigations branch to prevent, investigate, and prosecute insurance fraud in all lines of insurance except workers' compensation.  (SB2223 SD1)

 

CPC/JUD, FIN

SB 3020, SD1

(SSCR2642)

 

RELATING TO ACTIVITIES REGULATED BY THE INSURANCE COMMISSIONER.

Creates uniformity between other states' laws and Hawaii law in regard to licensing requirements.  Makes educational requirements to keep a license uniform, automatically inactivates a license if fees are not paid on time, allows reactivation if the fee is paid in 30 days, and broadens the types of reinsurance that can be used to meet the financial obligations of insurance agents.  (SD1)

 

CPC/JUD, FIN

SB 3023, SD2

(SSCR2604)

 

RELATING TO INSURANCE.

Authorizes the creation and regulation of special purpose financial captive insurance companies (SPFCIC).  Establishes confidentiality provisions applicable to captives, including SPFCICs.  Provides clarity on sponsored captive insurance companies.  (SB3023 SD2)

 

CPC/JUD, FIN

Decision making to follow.

 

 


COMMITTEE ON JUDICIARY

 

Thursday, March 13, 2008

3:15 p.m.

Conference Room 325; State Capitol

 

AGENDA:

 

SB 1491, SD1, HD1

(HSCR1266)

 

RELATING TO CONTROLLED SUBSTANCES.

Authorizes the use of the controlled substance registration revolving fund to offset costs of investigating violations of the Uniform Controlled Substances Act including operations of the Narcotic Enforcement Division's forensic drug laboratory. Makes Hawaii's controlled substance laws consistent with that of federal law. (SB 1491 HD1)

 

PSM, JUD, FIN

SB 2436, SD1

(SSCR2567)

 

RELATING TO CRIME.

Prohibits a person, with the intent to harass, annoy, or alarm any other person, from making a communication that would: (1) cause the other person to reasonably feel emotional or physical distress; or (2) disrupt the orderly conduct of any institution.  Defines communication to include, among other things, by cellular call, electronic mail transmission, or computer.  Increases the penalty for harassment to a misdemeanor.  (SB2436 SD1)

 

JUD

SB 2456, SD2

(SSCR2609)

 

RELATING TO HARASSMENT.

Provides that harassment includes all computer communications; adds computer communication as a form of nonconsensual contact in the offense of harassment by stalking.  Makes such offenses a class C felony.  Eff. 7/1/2050. (SD2)

 

JUD

SB 2425, SD1

(SSCR2557)

 

RELATING TO ARSON.

Specifies the firefighting costs that a defendant convicted of arson may be required to reimburse.  (SB2425 SD1)

 

JUD

SB 3182, SD1

(SSCR2884)

 

RELATING TO EXTENDED SENTENCING.

Qualifies for extended term sentencing criminal offenders who commit enumerated felonies against good samaritans.  Defines good samaritan.  (SB3182 SD1)

 

JUD

SB 2301, SD1

(SSCR2571)

 

RELATING TO CRITERIA FOR EXTENDED TERMS OF IMPRISONMENT.

Authorizes extended term of imprisonment for felony offenses committed against pregnant women.  (SB2301 SD1)

 

JUD

SB 945

(SSCR263)

 

RELATING TO ETHICS.

Requires drug testing of elected officials after certification of election, but prior to taking the oath of office, and upon reasonable suspicion thereafter.  Prohibits legislators from employing spouses in office under the legislator's jurisdiction.  Prohibits legislators from employing spouses in office under the legislator's jurisdiction.  Prohibits state agencies from entering into contracts with a legislator for goods or services valued at $10,000 or more per year. (SB945 HD1) Proposed HD1 

 

* Copies of the proposed HD1 are available in room 302 and on the Legislature's Web site:  http://www.capitol.hawaii.gov

 

JUD

SB 3202

(SSCR2561)

 

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO EXTEND THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES FROM SEVENTY TO EIGHTY YEARS OF AGE.

Proposes a constitutional amendment to change the mandatory retirement age for all newly appointed justices and judges from 70 to 80 years of age. (SD1)

 

JUD, FIN

SB 2363, SD2

(SSCR2734)

 

RELATING TO SEXUAL ASSAULT.

Amends Hawaii Penal Code to make sexual assault against a person who is mentally defective a "strict liability" offense.  (SB2363 SD2)

 

JUD

SB 2605, SD1

(SSCR2888)

 

RELATING TO TAXATION.

Increases the election fund contribution amount on state income tax returns from $2 to $3 for campaign spending purposes. (SD1)

 

JUD, FIN

Decision making to follow.

 

 

 

 


COMMITTEE ON HIGHER EDUCATION

 

Thursday, March 13, 2008

2:00 p.m.

Conference Room 309; State Capitol

 

AGENDA:

 

SB 3250, SD2

(SSCR2754)

 

RELATING TO THE UNIVERSITY OF HAWAII.

Requires the University of Hawaii to develop a system of institutional financial performance incentives.  (SB3250 SD2)

 

HED, FIN

HR 130

 

REQUESTING THE UNIVERSITY OF HAWAII TO DRAFT A FIVE-YEAR STRATEGIC PLAN FOR A GRADUATE DEGREE PROGRAM IN CULTURAL RESOURCE MANAGEMENT AT THE UNIVERSITY OF HAWAII AT HILO.

 

HED, WLH, FIN

HCR 157

 

REQUESTING THE UNIVERSITY OF HAWAII TO DRAFT A FIVE-YEAR STRATEGIC PLAN FOR A GRADUATE DEGREE PROGRAM IN CULTURAL RESOURCE MANAGEMENT AT THE UNIVERSITY OF HAWAII AT HILO.

 

HED, WLH, FIN

HR 131

 

REQUESTING THE UNIVERSITY OF HAWAII BOARD OF REGENTS TO STUDY THE FEASIBILITY AND BENEFITS OF ALLOWING THE CAMPUS CEILING FOR NONRESIDENT ENROLLMENTS TO BE SET ON A CAMPUS-BY-CAMPUS BASIS, OR ALTERNATIVELY, OF LIFTING THE CEILINGS.

 

HED, FIN

HCR 158

 

REQUESTING THE UNIVERSITY OF HAWAII BOARD OF REGENTS TO STUDY THE FEASIBILITY AND BENEFITS OF ALLOWING THE CAMPUS CEILING FOR NONRESIDENT ENROLLMENTS TO BE SET ON A CAMPUS-BY-CAMPUS BASIS, OR ALTERNATIVELY, OF LIFTING THE CEILINGS.

 

HED, FIN

HR 136

 

SUPPORTING THE ESTABLISHMENT OF A CENTER ON SOCIAL WORK AT THE UNIVERSITY OF HAWAII AT MANOA SCHOOL OF SOCIAL WORK.

 

HED, HSH, FIN

HCR 163

 

SUPPORTING THE ESTABLISHMENT OF A CENTER ON SOCIAL WORK AT THE UNIVERSITY OF HAWAII AT MANOA SCHOOL OF SOCIAL WORK.

 

HED, HSH, FIN

Decision making to follow.

 

 

COMMITTEE ON HEALTH AND COMMITTEE ON HUMAN SERVICES & HOUSING

 

Friday, March 14, 2008

8:30 a.m.

Conference Room 329; State Capitol

 

AGENDA:

 

SB 2857, SD2

(SSCR2802)

 

RELATING TO HOME CARE AGENCIES.

Requires home care agencies to be licensed by the department of health; appropriates funds.  (SB2857 SD2)

 

HLT/HSH, FIN

SB 2157, SD1

(SSCR2570)

 

RELATING TO HEALTH.

Clarifies the prescribing of opiates for pain treatment.  Extends the time limit in which scheduled II controlled substances prescriptions must be filled.  (SB2157 SD1)

 

HLT, JUD

SB 2159

(SSCR2612)

 

RELATING TO PROFESSIONS.

Repeals sunset provisions for chapter 453D, Hawaii Revised Statutes, relating to mental health counselors, to be effective upon approval.

 

HLT, CPC

SB 2396, SD1

(SSCR2880)

 

RELATING TO MENTAL HEALTH.

Makes assault of a person employed at a state-operated or ‑contracted mental health facility a class C felony. (SD1)

 

HLT, JUD

SB 2768, SD2

(SSCR2820)

 

RELATING TO THE ISSUANCE OF REVENUE BONDS TO ASSIST THE MAUI REGION OF THE HAWAII HEALTH SYSTEMS CORPORATION.

Authorizes issuance of $150,000,000 in revenue bonds for a heart, brain, and vascular center at the Maui memorial medical center.  (SB2768 SD2)

 

HLT, FIN

SB 3015, SD2

(SSCR2593)

 

RELATING TO THE PATIENTS' BILL OF RIGHTS AND RESPONSIBILITIES ACT.

Amends the Patients' Bill of Rights and Responsibilities Act by prohibiting certain unfair or deceptive business practices by managed care plans, such as disenrolling a person because of a medical condition.  (SD2)

 

HLT, CPC/JUD

SB 3027, SD2

(SSCR2591)

 

RELATING TO OSTEOPATHY.

Includes doctors of osteopathy in the medical doctors chapter (chapter 453) so that the board of medical examiners may treat medical doctors and doctors of osteopathy in the same manner; repeals osteopathy chapter (chapter 460, Hawaii Revised Statutes).  (SD2)

 

HLT, CPC

SB 3028

(SSCR2616)

 

RELATING TO GRADUATES OF FOREIGN ACUPUNCTURE PROGRAMS.

Requires applicants for acupuncture licensure who graduated from foreign institutes to have their educational information evaluated by a professional crediting evaluator as a prerequisite for taking an exam and getting a license in Hawaii.

 

HLT, CPC

SB 3074, SD1

(SSCR2582)

 

MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR THE EMERGENCY MEDICAL SERVICES AND INJURY PREVENTION SYSTEM BRANCH.

Makes an emergency appropriation for FY 2008 to pay for the City and County of Honolulu's collective bargaining costs relating to emergency medical services. (SB3074 SD1)

 

HLT, FIN

SB 2396, SD1

(SSCR2880)

 

RELATING TO MENTAL HEALTH.

Makes assault of a person employed at a state-operated or ‑contracted mental health facility a class C felony. (SD1)

 

HLT, JUD

SB 2397, SD2

(SSCR2764)

 

RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST CASTLE MEDICAL CENTER AND ITS AFFILIATES.

Authorizes special purpose revenue bonds to assist Castle Medical Center.  (SB2397 SD2)

 

HLT, FIN

SB 2804, SD1

(SSCR2697)

 

RELATING TO PRE-PACKAGED MEAT.

Amends the definition of "adulterated" to include pre-packaged meat that has been treated with gas or other technology to enhance color only.  (SD1)

 

HLT, CPC

Decision making to follow.

 

 

COMMITTEE ON HEALTH

 

Friday, March 14, 2008

10:00 a.m.

Conference Room 329; State Capitol

 

AGENDA:

 

HCR 49/HR 49

 

REQUESTING THE MAUI COUNTY MAYOR AND COUNTY COUNCIL TO IMPLEMENT VARIOUS MEASURES REGARDING MEDICAL MARIJUANA IN THE COUNTY OF MAUI.

 

HLT, JUD

HCR 146/HR 125

 

URGING THE ATTORNEY GENERAL TO INITIATE AN INVESTIGATION AND CORPORATE AUDIT OF THE HAWAII MEDICAL SERVICES ASSOCIATION'S PRACTICE OF MAINTAINING AN EXCESSIVE SURPLUS, PROVIDING LARGE BONUSES TO STAFF, AND REIMBURSEMENT PATTERNS OVER THE PAST TEN YEARS TO DETERMINE IF THE CHARITABLE RETURN TO THE COMMUNITY JUSTIFIES ITS NONPROFIT STATUS.

 

HLT, CPC/JUD

HCR 6/HR 7

URGING THE GOVERNOR TO DESIGNATE THE MONTH OF SEPTEMBER AS "BRAIN ANEURYSM AWARENESS MONTH."

Proposed HD1:

A RESOLUTION TO COMMEMORATE MARCH 13, 2008 AS WORLD KIDNEY DAY AND THE MONTH OF MARCH AS KIDNEY AWARENESS MONTH IN THE STATE OF HAWAII

 

HLT

 

*Copies of the proposed HD1 are available in room 327 and on the Legislature's Web site:  http://www.capitol.hawaii.gov

 

 

Decision making to follow.

 

 

COMMITTEE ON TOURISM & CULTURE AND COMMITTEE ON WATER, LAND, OCEAN RESOURCES & HAWAIIAN AFFAIRS

 

Friday, March 14, 2008

9:00 a.m.

Conference Room 325; State Capitol

 

AGENDA:

 

SB 2499

(SSCR2648)

 

RELATING TO TARO.

Changes effective date of Act 36, Session Laws of Hawaii 2007, which makes kalo the official plant of the State from 1/1/25 to 7/1/08.

 

TAC/WLH, JUD

Decision making to follow.

 

 

COMMITTEE ON WATER, LAND, OCEAN RESOURCES & HAWAIIAN AFFAIRS AND COMMITTEE ON AGRICULTURE

 

Friday, March 14, 2008

9:15 a.m.

Conference Room 325; State Capitol

 

AGENDA:

 

SB 2198, SD2

(SSCR2818)

 

RELATING TO LAND CONSERVATION.

Provides a tax credit to encourage the preservation and protection of conservation land in the State.  (SB2198 SD2)

 

WLH/AGR, FIN

SB 2646, SD2

(SSCR2789)

 

RELATING TO IMPORTANT AGRICULTURAL LANDS.

Provides tax incentives and establishes rules that protect and sustain viable agricultural operations on important agricultural lands.  (SD2)

 

WLH/AGR, FIN

SB 2907, SD1

(SSCR2862)

 

RELATING TO THE PASTORAL AND AGRICULTURAL HOMESTEADING DIVISION OF THE DEPARTMENT OF HAWAIIAN HOME LANDS.

Establishes a division and appropriates funds for pastoral and agricultural homesteading within the department of Hawaiian home lands.  (SB2907 SD1)

 

WLH/AGR, FIN

Decision making to follow.

 

 

 

COMMITTEE ON WATER, LAND, OCEAN RESOURCES & HAWAIIAN AFFAIRS

 

Friday, March 14, 2008

Conference Room 312; State Capitol

 

10:00 a.m. AGENDA:

 

SB 2065, SD2

(SSCR2875)

 

RELATING TO LANDOWNER LIABILITY FOR NATURAL CONDITIONS.

Removes the liability of landowners regarding natural conditions on their land that cause damage outside the land.  (SD2)

 

WLH, JUD

SB 2170, SD1

(SSCR2871)

 

RELATING TO PUBLIC LAND.

Protects counties from liability as a result of natural conditions on or near a public beach park.  Eff. 7/1/2050.  (SD1)

 

WLH, JUD

SB 2421, SD2

(SSCR2817)

 

RELATING TO LAND ACQUISITION.

Authorizes the department of land and natural resources to acquire lands owned by the Galbraith Estate in central Oahu; Appropriates funds for the acquisition of land in Wahiawa, Oahu, currently owned by the George Galbraith Estate. (SD2)

 

WLH, FIN

SB 2487, SD2

(SSCR2611)

 

RELATING TO PUBLIC LANDS.

Specifies permissible activities of groups leasing campsites on state parks or public lands.  (SD2)

 

WLH, JUD

SB 3102, SD2

(SSCR2838)

 

RELATING TO THE LAND CONSERVATION FUND.

Allows public and private moneys to be deposited into the land conservation fund and distributed as grants for the acquisition of land having value as a resource to the State.  Allows moneys from the land conservation fund to be used for the operation, maintenance, and management of the acquired lands.  (SB3102 SD2)

 

WLH, FIN

SB 3166

(SSCR2654)

 

RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.

Amends chapter 206E, HRS, to designate that at least two members of the HCDA shall be designated as the small business representatives of the HCDA and to provide that these members shall not be prohibited from voting on matters concerning small business in the initial designated district that they represent.  Also directs the governor to initially designate the foregoing small business representatives from the existing members of the HCDA.

 

WLH, EDB

Decision making to follow.

 

 

10:30 a.m. AGENDA:

 

SB 2997, SD1

(SSCR2667)

 

RELATING TO LAND USE.

Proposed HD1

Establishes historic agricultural landmarks, designated by law, to be preserved and perpetuated as agricultural land for the benefit of the people of Hawaii.

 

*Copies of the proposed HD1 are available in room 427 and on the Legislature's Web site:  http://www.capitol.hawaii.gov

 

WLH, JUD

Decision making to follow.